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    lisafellowspare's Avatar
    lisafellowspare Posts: 1, Reputation: 1
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    #1

    Jul 21, 2014, 03:01 PM
    Can I be evicted from my home by my roommate if Ihave to go to jail for 34 days in SC
    Can I be evicted from the home I have been living in for 3 yrs? I pay my rent by doing all the household chores. I have to go serve a 34 day sentence and my roommate told me he was going to file for eviction when I went to jail. I live in SC and would like to know if he can have me served while I am incarserated?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 21, 2014, 03:03 PM
    Is your rent prepaid for the time your going to be away? What is the real issue for the eviction?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Jul 21, 2014, 03:06 PM
    Do you have a current written lease that's unexpired with your name on it (that hasn't gone month to month) or a month to month lease with home owner (assuming its not your roommate) that has your name on it?

    If the answer is no to all of those... then yes they can.

    Also will you pay that months rent in advance (along with your share of utilities etc) if you do have your name on the lease (along with your roomates).
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jul 21, 2014, 04:13 PM
    The landlord (or the roommate if OP isn't renting directly from the landlord) will have to give OP a written notice (30 days in most states) before OP can be sued for eviction. So it depends: if the written notice is served today, an eviction action can be filed generally 30 days from now, and in theory a judgment of eviction could be entered within the 34 days.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 21, 2014, 07:10 PM
    Since you will not be there, to do the work, you will not be paying the rent.

    Also, they can evict you, if they want to, if there is no lease.

    Is the crime you did, and going to jail part of the issue.

    You may be best, moving your items out and puttting them in storage
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 22, 2014, 05:27 AM
    You didn't provide some very important facts. The key here is whether you have a lease with the landlord who owns the home. If your roommate is the homeowner or if your roommate is renting and is the sole person on the lease, then the roommate is your landlord. I suspect this is the situation. If that's the case, the roommate has to give you proper notice and you may even be served in jail. As long as proper notice is given, then yes you can be evicted.

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